What is the test for determining standard of care in a professional negligence case in the absence of expert evidence?
Ontario, Canada
The following excerpt is from Kazakevich v. Sychev, 2020 ONSC 3516 (CanLII):
It is generally “inappropriate for a trial court to determine the standard of care in a professional negligence case in the absence of expert evidence”: See Krawchuk v. Scherbak, 2011 ONCA 352, 106 O.R. (3d) 598, at para. 130, leave to appeal to S.C.C. refused (2011), 297 O.A.C. 395. Two exceptions were recognized, in cases involving: a. “[N]ontechnical matters of those of which an ordinary person may be expected to have knowledge” (at paras. 133-134); and b. “[I]mpugned actions of the defendant that are so egregious that it is obvious that his or her conduct has fallen below the standard of care, even without knowing precisely the parameters of that standard” (at para. 135).
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